Thread: HI All Started My claim

Hi All,

Started my claim against Barclays, asked for full break down which I got, then sent the letter below with all bit filled in, got a letter back saying thanks blah de blah we'll get back too you in three years etc.

Bit confused, the lba is just the same letter condensed and telling them I wish to take it further, but this is giving them I give them, another 14 days too sort it out, is this correct? as I have allready given them 14 days so its 14 + 14












Your Banks Address]



[Date]


[Your Address]



[Your Account Number/Details]

without prejudice

Dear Sirs

Due to recent media coverage on bank charges I am now aware that you, {your banks name} have been charging me bank charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Subsection 1(e) of the said regulations gives a non complete list of terms which may be regarded as unfair, such as a term which require me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high. Therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was a Scottish case, Castaneda and Others V. Clydebank Engineering and Shipbuilding Co (1904) 12 SLT 498. Along with the English case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual or real loss.

Your charges appear to be nothing more than a lucrative profit-making scheme. Therefore I require you to refund my entire bank charges for the past 6 years, a total of [£ ]. I hear by give you 14 days to refund the charges back into my account. If this is not done within 14 days, I will be forced to take legal action.



Yours Sincerely




[Your Name]



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